The Tax PublishersAn Introduction

Prevention of Money Laundering Act, 2002, (hereinafter referred to as the Act) is aimed at preventing money-laundering and providing for confiscation of property derived from, or involved in, money-laundering and for matters connected therewith or incidental thereto. It is a new enactment and is directed against hawala transactions. This Act has come into force from 1-7-2005--Vide Notification No. GSR 436(E), dt. 1-7-2005.

1. Important Terms

Section 2 of the Act provides definitions of various terms for the purposes of the Act. If however the context where the related word is in a context, which requires an otherwise meaning the definitions provided below will be relevant for the purposes of this Act --

(i) 'Assistant Director' means an Assistant Director appointed under sub-section (1) of section 49 of this Act. [Section 2(1)(c)]

(ii) 'Intermediary' means a stock-broker, sub-broker, share transfer agent, banker to an issue, trustee to a trust deed, registrar to an issue, merchant banker, underwriter, portfolio manager, investment adviser and any other intermediary associated with securities market and registered under section 12 of the Securities and Exchange Board of India Act, 1992. [Section 2(1)(n)]

(iii) 'Person' includes --

(a) an individual,

(b) a Hindu undivided family,

(c) a company,

(d) a firm,

(e) an association of persons or a body of individuals, whether incorporated or not,

(f) every artificial juridical person, not falling within any of the preceding sub-clauses, and

(g) any agency, office or branch owned or controlled by any of the above persons mentioned in the preceding sub-clauses. [Section 2(1)(s)]

(iv) 'Proceeds of crime' means any property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence or the value of any such property. [Section 2(1)(u)]

(v) 'Property' means any property or assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and includes deeds and instruments evidencing title to, or interest in, such property or assets, wherever located. [Section 2(1)(v)]

Any reference, in this Act or the Schedule, to any enactment or any provision thereof shall, in relation to an area in which such enactment or such provision is not in force, is to be construed as a reference to the corresponding law or the relevant provisions of the corresponding law, if any, in force in that area. [Section 2(2)]

2. Offences of money laundering and punishment related thereto

According to section 3 of the Act whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party or is actually involved in any process or activity connected with the proceeds of crime and projecting it as untainted property shall be guilty of offence of money-laundering.

As per section 4, whoever commits the offence of money-laundering shall be punishable with rigorous imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine which may extend to five lakh rupees.

The proviso to section 4 states that where the proceeds of crime involved in money-laundering relate to any offence specified under paragraph 2 of Part A of the Schedule, the provisions of this section shall have effect as if for the words 'which may extend to seven years', the words 'which may extend to ten years' had been substituted.

ANNEXURE

[See section 2(y)]

Part A

Paragraph 1

Offences under the Indian Penal Code

Section

Description of offence

121

Waging, or attempting to wage war or abetting waging of war, against the Government of India.

121A

Conspiracy to commit offences punishable by section 121 against the State.

Paragraph 2

Offencesunder the Narcotic Drugs and Psychotropic Substances Act, 1985

Section

Description of offence

15

Contravention in relation to poppy straw.

18

Contravention in relation to opium poppy and opium.

20

Contravention in relation to cannabis plant and cannabis.

22

Contravention in relation to psychotropic substances.

23

Illegal import into India, export from India or transhipment of narcotic drugs and psychotropic substances.

24

External dealings in narcotic drugs and psychotropic substances in contravention of section 12 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

25A

Contravention of orders made under section 9A of the Narcotic Drugs and Psychotropic Substances Act, 1985.

27A

Financing illicit traffic and harbouring offenders.

29

Abetment and criminal conspiracy.

Part B

Paragraph 1

Offences under the Indian Penal Code

Section

Description of offence

302

Murder.

304

Culpable homicide not amounting to murder, if act by which the death is caused is done with the intention of causing death.

307

Attempt to murder.

308

Attempt to commit culpable homicide.

327

Voluntary causing hurt to extort property, or a valuable security, or to constrain to do anything which is illegal or which may facilitate the commission of the offence.

329

Voluntary causing grievous hurt to extort property, or a valuable security, or to constrain to do anything which is illegal or which may facilitate the commission of the offence.

364A

Kidnapping for ransom, etc.

384 to 389

Offences relating to extortion.

392 to 402

Offences relating to robbery and dacoity.

467

Forgery of a valuable security, will or authority to make or transfer any valuable security, or to receive any money, etc.

489A

Counterfeiting currency notes or bank notes.

489B

Using as genuine, forged or counterfeit currency notes or bank notes.

Paragraph 2

Offences under the Arms Act, 1959

Section

Description of offence

25

To manufacture, sell, transfer, convert, repair or test or prove or expose or offer for sale or transfer or have in his possession for sale, transfer, conversion, repair, test or proof, any arms or ammunition in contravention of section 5 of the Arms Act, 1959.

 

To acquire, have in possession or carry any prohibited arms or prohibited ammunition in contravention of section 7 of the Arms Act, 1959.

 

Contravention of section 24A of the Arms Act, 1959 relating to prohibition as to possession of notified arms in disturbed areas, etc.

 

Contravention of section 24B of the Arms Act, 1959 relating to prohibition as to carrying of notified arms in or through public places in disturbed areas.

 

Other offences specified in section 25.

26

To do any act in contravention of any provisions of section 3, 4, 10 or 12 of the Arms Act, 1959 in such manner as specified in sub-section (1) of section 26 of the said Act.

 

To do any act in contravention of any provisions of section 5, 6, 7 or 11 of the Arms Act, 1959 in such manner as specified in sub-section (2) of section 26 of the said Act. Sch.

 

Other offences specified in section 26. Sch.

27

Use of arms or ammunitions in contravention of section 5 or use of any arms or ammunition in contravention of section 7 of the Arms Act, 1959. Sch.

28

Use and possession of fire arms or imitation fire arms in certain cases.

29

Knowingly purchasing arms from unlicensed person or for delivering arms, etc., to person not entitled to possess the same.

30

Contravention of any condition of a licence or any provisions of the Arms Act, 1959 or any rule made thereunder.

Paragraph 3

Offences under the Wild Life (Protection) Act, 1972

Section

Description of offence

51 read with section 17A

Contravention of provisions of section 17A relating to prohibition of picking, uprooting, etc., of specified plants.

51 read with section 39

Contravention of provisions of section 39 relating to wild animals, etc., to be government property.

51 read with section 44

Contravention of provisions of section 44 relating to dealings in trophy and animal articles without licence prohibited.

51 read with section 48

Contravention of provisions of section 48 relating to purchase of animal, etc., by licensee.

51 read with section 49B

Contravention of provisions of section 49B relating to prohibition of dealings in trophies, animal articles, etc., derived from scheduled animals.

Paragraph 4

Offences under the Immoral Traffic (Prevention) Act, 1956

Section

Description of offence

5

Procuring, inducing or taking person for the sake of prostitution.

6

Detaining a person in premises where prostitution is carried on.

8

Seducing or Soliciting for purpose of prostitution.

9

Seduction of a person in custody.

Paragraph 5

Offences under the Prevention of Corruption Act, 1988

Section

Description of offence

7

Public servant taking gratification other than legal remuneration in respect of an official Act.

8

Taking gratification in order, by corrupt or illegal means, to influence public servant.

9

Taking gratification for exercise of personal influence, with public servant.

10

Abetment by public servant of offences defined in section 8 or section 9 of the Prevention of Corruption Act, 1988.

SUBSCRIBE TaxPublishers.inSUBSCRIBE FOR FULL CONTENT

TaxPublishers.in

'Kedarnath', 7, Avadh Vihar, Near Nirali Dhani,

Chopasni Road

Jodhpur - 342 008 (Rajasthan) INDIA

Phones : 9785602619 (11 am - 5 pm)

E-Mail : mail@taxpublishers.in / mail.taxpublishers@gmail.com